DEPARTMENTOF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
7 November 2002
4844-02
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the
United States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
materi'al considered by the Board consisted
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Your allegations of error and
Documentary
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 15
February 1967 for three years at age 19.
that you served in Vietnam from 12 August 1967 to 2 February
1968 and participated in operations at Khe Sahn.
period of service you were awarded the Vietnam Service Medal,
Vietnamese Campaign Medal,
Combat Action Ribbon.
Presidential Unit Citation, and the
Your record reflects
During this
Your record further reflects you were an unauthorized absentee
from 12 November 1968 to 4 April 1969, a period of 143 days; and
10 April to 5 August 1969, a period of 125 days.
were placed in confinement pending return to your unit from 5 to
11 August 1969.
You
Prior to submitting this request you
On 9 September 1969 you submitted a request for an undesirable
discharge for the good of the service in lieu of trial by court-
martial for the two foregoing periods of unauthorized absence
totaling 268 days.
conferred with a qualified military lawyer and were advised of
your rights and warned of the probable adverse consequences of
accepting such a discharge.
On 30 September 1969 your request
for discharge was approved by the discharge authority.
As a
result of such action, you were spared the stigma of a court-
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
You received the
undesirable discharge on 8 October 1969.
and your current medical condition.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, combat service,
However, the Board found that notwithstanding your Vietnam
service, your misconduct of two periods of unauthorized absence
totaling 268 days clearly warranted an undesirable discharge.
The Board also believed that considerable clemency was extended
to you when your request for discharge to avoid trial by court-
martial was approved since, by this action, you escaped the
possibility of confinement at hard labor and a punitive
discharge.
Further, the Board concluded that you received the
benefit of your bargain with the Marine Corps when your request
for discharge was granted and you should not be permitted to
change it now.
The names and votes of the members of the panel will be
furnished upon request.
Accordingly, your application has been denied.
You are entitled to have
In this regard,
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
it is important to keep in mind that
Sincerely,
W. DEAN PFEIFFER
Executive Director
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